New Delhi: The Delhi government moved the Supreme Court on Tuesday, seeking constitution of a five-judge Constitution bench to decide on the long-standing tussle between the Centre and the state government over exercise of administrative power in Delhi.
The matter was mentioned before a bench headed by Chief Justice Dipak Misra who said that it would be taken up after the hearing in the Cauvery river dispute concludes.
The Delhi government, on 31 August 2016, appealed against the Delhi high court order, declaring the Lieutenant Governor (L-G) as the administrative head of the state.
Delhi has a unique position under the Indian Constitution, with its own state assembly and an administrator in the form of an L-G. Issues of law and order, and land in Delhi fall within the purview of the Union home ministry and the remaining is with the state government.
The Delhi high court decision of 4 August upheld the powers of the L-G in matters of public order, land, police and services, including the power to appoint civil servants.
The high court emphasized the administrative capacity of the L-G, while ruling that Delhi continues to be a Union territory under the Transaction of Business Rules despite Article 239 AA of the Constitution making some special provisions with respect to Delhi.
